Legal News Archive: October 2013

The holiday season is officially here; you can feel it in the air, you can see it in the trees as they change color and you can tell by the way your kids are anxiously awaiting the chance to go trick or treating. In and of themselves, holidays present various challenges and Halloween is no exception. From non-fire-resistant costumes, to running out in street to visit the next best scariest house, to inspecting candy that your child receives from a neighbor, many factors come into play in keeping your family, children and their friends safe on this Halloween occasion.

When you or your children want to engage in other recreational activities, climbing walls beckon as a form of trying something new. Now popular at gyms nationwide, climbing walls give us a chance to use different muscles and conquer our fears in a safe environment. And, not to be outdone, zip lines are finding their place in recreation venues and other locations, as well. While activities like climbing walls and zip lines do not always take place at amusement parks, it’s important to be aware of injuries and accidents that can occur when taking part.

Amusement parks are in the news lately, and sadly, not because of positive news. Earlier in the summer we heard of a woman who fell to her death from a roller coaster at a Texas amusement park. Even more recently, we heard of two boys who suffered neck wounds on a carousel, and a Coney Island young boy who suffered a mangled leg from another ride. Are amusement parks becoming more dangerous, or are we less equipped to handle an accident?

Unfortunately we see disaster in all forms at all times: from terrorist attacks to random shootings in a naval shipyard to hurricanes, tornadoes and snowstorms. September deemed itself National Preparedness Month to mark the 12th anniversary of the terrorist attacks on September 11. In follow up, October is the perfect time to remember that preparing for an emergency is never too late.

Fall break and the holiday season will soon be upon us as we make plans to visit family and friends. In other areas around the country, conventions take place in big cities like New York, Phoenix and Las Vegas. When the environment is a bit more free and inhibitions are down, vacations prove to be a heavy time for accidents. What are some of the accidents that can occur while you are on a well-deserved vacation or mandatory business trip, and what can you do to protect yourself?

Car accidents come in all forms from those who are texting and not paying attention, to those who are blinded by an obstruction in the roadway or the sun in the sky, to making an improper pass of another vehicle, to drag racing on streets that are not equipped to handle traffic by drivers who are less than well-trained professionals. Drag racing on city streets involves drivers who are generally at a rival with each other, trying to show off who can carry the greater speed. There are several problems with drag racing: it is unregulated, there is other traffic in the way, and there is no one to tell the drivers what lies ahead as they make their way through the streets while not paying attention to anyone else.

With all the distractions coming at drivers in various forms, it’s no surprise that rear-end collisions and car accidents are still among some of the most common motor vehicle accidents we encounter. As drivers, we have to drive even more defensively than ever before. We constantly look in our rear view mirrors when driving to make sure the other driver is paying full attention. Many states are beginning to implement laws that impose fines for texting and cell phone use while driving. Multitasking is even more difficult when driving is one of the tasks we try to juggle.

Arizona State University is considered one of the schools with the most active sorority and fraternity lifestyles. Arizona State is not alone. As with this university and many others in New York and the east coast, new students from all over pledge to be a part of these organizations and seek to find a true identity for themselves while creating long-lasting friendships. Fraternities all over the country find themselves in a busy time when school starts in the fall. Along with fraternity pledging comes accidents in the forms of carelessness and hazing.

In a few recent cases over the summer, water contamination affected children who swam in ponds and lakes carrying deadly amoeba; one child died, the other one is slowly regaining her health and strength. In other cases, city water supplies are contaminated or treated with products that cause reactions to our skin. Unfortunately, water contamination is often not detected in advance. We only find out when someone becomes seriously ill, or worse, dies. How careful do we have to be about checking our water supplies and sources?

The season for snowmobiling is just starting, and snowmobile accidents are no stranger in extreme weather states like Maine, Michigan, Wisconsin and Colorado. Snowmobiles, while enticing and fun for many, can cause accidents that result in permanent brain damage, severed limbs, concussions and many, many broken bones. In worst case scenarios, some snowmobilers take to the slopes in extreme weather conditions, and their bodies are never recovered from the scene of an accident as snow continues to pile up and accumulate for the remainder of the season.

When searching for the perfect daycare for your child, it is no surprise that there may be some unlicensed daycares in the mix, whether you realize it or not. With so many of the centers offering various features, it maybe temping to go with a daycare center that has a lower price offering than others you have explored. A word of caution: don’t be tempted by the price when it comes to the welfare of your child. A quality center will be up front with fees and offerings. And, don’t think your next door neighbor is above it all in providing the best care for your kids – that person could be in the category of “unlicensed daycare” if the person takes on three or more children.

Motorcycles take to the road to the tune of hundreds of thousands per year. And, motorcycle accidents accounted for close to 4,600 injuries in 2011. Many of those injuries were head and spinal cord injuries from helmets being tossed, helmets that cracked upon impact, or the lack of helmets being used completely. Motorcycles can be difficult to see on some busy highways, and riders always take risks when passing huge vehicles. As a rider of a motorcycle, what are some of the ways you can stay safe?

When the school designates a meeting location for the school bus to pick up your child, we assume that some research has been done to ensure that particular bus stop is safe. But, as we sometimes find out, that’s not always the case. Sometimes the bus stop just means that location is the stop most heavily populated by attendees of that school and is a convenience for the bus driver. As parents, this becomes just one more thing we need to keep in mind when sending our child to school for the rest of the day. Bus stops can be the scene of injuries and accidents for kids of all ages. Here are just a handful of the incidents that could occur:

It has become normal in society for people to communicate in their cars while driving; whether it be using a cell phone where one hand is taken off the wheel, texting, or simply not paying attention due to distractions on the road and in the car. Many cars are now equipped with Bluetooth capabilities which means phone numbers can be programmed into the phone system of the car and can be dialed on voice command. The good part is that the driver does not have to take his hands off the wheel for incoming or outgoing calls. An incoming call will interrupt any music so that the call can come through and the driver can still choose to take the call or ignore it. But, even though the hands remain on the wheel, the driver still has to take his eyes of the road for a period of time to see where the incoming call. And, he still has to engage his thoughts in conversation instead of paying attention to the roadway.

A woman and her horse were killed in September when the horse she was riding was struck by a farmer who did not see them as he was rounding a curve; the horse and rider were hit from behind. Reports also indicated that another motorist had taken action to avoid hitting the woman and the horse earlier in the day. In another incident across the United States, a major interstate was the scene of a severe accident and backups in the early morning hours when cows wandered onto the freeway. One car hit one cow and another car stopped to investigate. A woman got out from her car. A semi-stopped to tell the woman to move out of the road. That semi was hit from behind by another semi and burst into flames, killing the woman who was in the road and the driver of one of the semi trucks. In other incidents, drivers of vehicles hit moose and deer who wander into neighborhood roads, or try to cross busy highways in a split second before the driver has any warning. One car hits an animal, others fall behind. Chain reactions are not uncommon when animals are involved. How do you prevent this, and what causes this to happen?

We live in a world of constant technology. It’s been said that there are over 700,000 apps available for download, and many of them are free. With resources and tools like convenient apps at our very fingertips for using on our cell phones, it’s no wonder we are able to accomplish as much as we can during the course of the day. We have apps for note taking, recordings, weather predictions, exercise, eating and more. When it comes to a personal injury investigation, some of these apps can come in handy, as well, particularly if you need to have recollections on hand about your motor vehicle accident when you meet with your attorney for the first time to discuss your case.

Recent news reports featured a hostage situation in a mall in Kenya when a group of shooters opened fire on those who were shopping. Another incident left 12 dead in a military shipyard on the East Coast. Others remember the shooting that occurred in a Colorado movie theater last year, and at a children’s school in early 2013. Organizations prepare themselves for disaster and emergency incidents like shootings and generally have a plan in place for evacuation. They have trained their personnel to keep their people safe, and know where the exits are located. But, what if you, as a shopper or consumer or movie lover, are caught in a situation that requires you to be quick on your feet, and forward-thinking in your actions? Here we will share some things you can do to protect yourself if you encounter a situation that involves gunfire.

A recent news report indicated that since the year 2009 a total of 39 high school football players have died during practice or during games. These football-related deaths come in the forms of head-on collisions, heat exhaustion, impact play and unsafe conditions. When your child wants to play high school football or another sport, what should you do?

Wildfires in Arizona that claimed the lives of firefighters over the summer, and recent devastating flooding in Colorado and other parts of the Midwest have left many residents of those areas without homes, without family and without possessions on which they relied on a daily basis. There are insurance claim forms to fill out, personal effects to recover, children to feed, and struggles to engage in some type of normalcy. Dealing with insurance companies in the aftermath of a natural disaster can be complicated, time-consuming and frustrating, particularly when so many of the insurance companies are pulled in different directions by so many clients. How can you prepare for what you need to do to recover, and who can assist you in the meantime? Chances are you never thought anything like this could happen to you.

Earlier in September, a hit and run driver collided with a skateboarder and offered her assistance. The driver did not stop for an extended time or get out of her car. She did not give her name because she was late picking up her children from day care. Here’s a case where the driver was not drunk or intoxicated, but simply distracted.

A personal injury case can cover a multitude of situations from a slip and fall incident, to a dog bite, to a misappropriated or recalled drug, to botched surgery, car accidents, playground injuries and much, much more. If you have been involved in a personal injury case, you know how complicated the situation can be from the very start. Who is to blame? Were precautions taken? Were the conditions faulty? What was the extent of the injury? Did someone die? Was someone severely disfigured or brain damaged? All these questions and many more will surface when you have a personal injury lawsuit at hand. This leads to difficulty determining what to bring with you when meeting your attorney for the first time. Here’s a tip sheet that will help you prepare.

Medical Malpractice settlement in Pennsylvania for a young child who suffered from a severe injury to the intestinal tract due to a delay by the hospital and doctor in diagnosis and treating Necrotising Enterocolitis.Read More

Our client, a 52-year-old executive secretary had an extensive stay in a local Nassau County hospital. She was discharged and thereafter had persistent nausea and vomiting for a two-week period.Read More

Settlement with the State of New York in the Court of Claims for a victim who sustained brain damage while descending a recreational tube slide on a slope negligently designed by New York State.Read More

Verdict against Phillip Brothers Chemical Company, Inc. who failed to adequately warn a worker in an electroplating plant how to properly add zinc cyanide to a brass plating mixture resulting in an explosion causing burns and loss of vision in one eye.Read More

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The Finz & Finz, P.C. firm represents clients from New York and surrounding areas, including New York City (NYC), Brooklyn, Bronx, Queens, Manhattan, Staten Island, Nassau County, Suffolk County, throughout New York state and nationwide.